ALAMOSA —  At the conclusion of two separate board of county commissioner meetings held in Saguache and Costilla County on July 7, county commissioners across the San Luis Valley voted by an overwhelming majority to add a ballot measure to the November ballot asking voters if they want to remove term limits on the office of district attorney in the 12th Judicial District.  

As Commissioner Lynne Thompson and others said at the last SLV BOCC meeting, “Let the voters decide. It should be their decision.”  

Should the measure be successful at the ballot box, term limits for the DA’s position in the San Luis Valley will be removed, effective immediately and implemented with the next general election in 2028.  

As things stand right now with term limits still in place, should Kelly be re-elected in the next general election (2028), that would be the last time she could run for that office in this judicial district as she would “term-out” in 2032.    

During the discussion among commissioners, some felt they were hurrying the process and asked why the issue couldn’t be taken up again in 2028. It was soon learned that 2026 was the last election where eliminating term limits - at least related to DA Kelly’s status - could be put before the voters.   

As the statute reads, ballot measures extending or removing term limits can only be put before the voters in “even” - i.e. general election - years. By statute, if voters vote to extend or remove term limits, those currently holding that office would not be eligible for their term to be extended. 

While some of the other judicial districts have voted to increase the term limit for district attorneys from two terms to three, should the measure be successful here, the San Luis Valley will join Pueblo as the only two JDs in the state to structure the election of that office in that way. 

During the discussion among commissioners, Commissioner Lynne Thompson (Saguache) and Commissioner Zeke Ward (Mineral) and several others expressed strong support for term limits as a way of preventing officials being elected to office indefinitely, typically aided in great part by large donations from special interests and Gerry-mandered voter districts. 

They argued, the office of district attorney is not susceptible to corruption as their decisions and actions are based upon the rule of law, not personal preference. And their electability is directly connected to their behavior/success while in office.   

Commissioner McCracken, the lone commissioner who spoke out against removing term limits and did not waver in his position, stated he has “always believed in term limits” for much the same reason as expressed by Commissioner Ward.   

His constituents were another reason McCracken would not budge off his vote. “I’ve spoken to a lot of constituents about this, and not one - not one - has said they’re in favor of removing term limits.”  

Lynne countered with a statement that not many had voiced to that point in the discussion.  

“Not many people want to be DA,” Thompson said. “It’s a very hard job, especially here. So, if we get someone who is really good at their job and they want to stay, wouldn’t we want them to stay, too?”  Besides, she added, the voters can always vote a DA out, no matter how long they have been in office. “I Just don’t think 18 commissioners should decide for a valley of 40,000 people. Let the voters decide,” she said.  

In order for the measure to be on the ballot, all boards of county commissioners had to be (by majority) in support of the measure and, in order to pass, a percentage of all voters in all counties have to vote for it, as well. The language of the measure also has to be the same from county to county. 

What follows is the language agreed to by county commissioners and provided to the Valley Courier by Alamosa County Commissioner Lori Laske.  

“Pursuant to the authority granted by C.R.S. §1-4-1404, shall the term limits for the District Attorney of the 12th Judicial District established in Article XVIII § 11(1) of the Colorado Constitution be eliminated, allowing the District Attorney of the 12th Judicial District to serve an indefinite number of terms?” 

“De conformidad con la autoridad otorgada por el C.R.S. §1-4-1404, ¿deberán eliminarse los límites de mandato para el Fiscal de Distrito del 12.º Distrito Judicial establecidos en el Artículo XVIII, § 11(1) de la Constitución de Colorado, permitiendo que el Fiscal de Distrito del 12.º Distrito Judicial ejerza un número indefinido de mandatos?” 

Federal elections, like the one coming up, are held on the first Tuesday following the first Monday in November. So, for 2026, election day will be Tuesday, November 3. Colorado is a mail-in ballot state, so official ballots will be mailed to registered voters homes several weeks prior to election day.